BILL NUMBER: SB 56	CHAPTERED  09/07/99

	CHAPTER   340
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   MAY 27, 1999
	AMENDED IN SENATE   MAY 19, 1999
	AMENDED IN SENATE   APRIL 5, 1999
	AMENDED IN SENATE   FEBRUARY 8, 1999
	AMENDED IN SENATE   JANUARY 11, 1999

INTRODUCED BY   Senator Solis
   (Coauthor:  Senator Chesbro)

                        DECEMBER 7, 1998

   An act to amend Section 230 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 56, Solis.  Employment:  time off to appear in court.
   Existing law authorizes a person who believes that he or she has
been discharged or discriminated against in violation of any
provision of the Labor Code under the jurisdiction of the Labor
Commissioner to file a claim with the Division of Labor Standards
Enforcement within 30 days of the violation.  Existing law prohibits
the discharge or other discrimination against an employee for taking
time off from work to serve as a juror or witness, providing the
employee gives reasonable notice to the employer of the anticipated
absence.  Additionally, existing law provides that an employee who
has been discharged or discriminated against in violation of these
provisions is entitled to reinstatement and reimbursement of lost
wages and benefits.  The failure of an employer to rehire or restore
an eligible employee constitutes a misdemeanor.
   This bill would revise and expand the prohibition to prohibit
retaliation as well as discrimination and specify that the
prohibition would be applicable to an employee, including, but not
limited to, an employee who is a victim of crime.  The bill also
would prohibit employers from discharging, discriminating, or
retaliating against employees who are victims of domestic violence
and who take time off to appear in court to obtain or attempt to
obtain any relief to help ensure the health, safety, or welfare of a
domestic violence victim or his or her child, if the employee gives
the employer reasonable notice, as specified.  The bill would
authorize an employee who is a victim of domestic violence to file a
claim with the division within one year of the violation for a
violation of the bill.  By revising and expanding the scope of a
crime, this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 230 of the Labor Code is amended to read:
   230.  (a) No employer shall discharge or in any manner
discriminate against an employee for taking time off to serve as
required by law on an inquest jury or trial jury, if the employee,
prior to taking the time off, gives reasonable notice to the employer
that he or she is required to serve.
   (b) No employer shall discharge or in any manner discriminate or
retaliate against an employee, including, but not limited to, an
employee who is a victim of a crime, for taking time off to appear in
court to comply with a subpoena or other court order as a witness in
any judicial proceeding.
   (c) No employer shall discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence as
defined in Section 6211 of the Family Code for taking time off from
work to obtain or attempt to obtain any relief, including, but not
limited to, a temporary restraining order, restraining order, or
other injunctive relief, to help ensure the health, safety, or
welfare of a domestic violence victim or his or her child.
   (d) As a condition of taking time off for a purpose set forth in
subdivision (c), the employee shall give the employer reasonable
notice that he or she is required to appear in court unless an
unscheduled or emergency court appearance is required for the health,
safety, or welfare of  the domestic violence victim or his or her
child.  When an unscheduled or emergency court appearance is
required, the employer shall not take any action against the employee
if the employee, within a reasonable time after the appearance,
provides evidence from the court or prosecuting attorney that he or
she has appeared in court.
   (e) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for a purpose
set forth in subdivision (a), (b), or (c) shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the  employer.  Any employer who willfully
refuses to rehire, promote, or otherwise restore an employee or
former employee who has been determined to be eligible for rehiring
or promotion by a grievance procedure or hearing authorized by law is
guilty of a misdemeanor.
   (f) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (a), (b), or (c) may file a complaint
with the Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
   (2) Notwithstanding any time limitation in Section 98.7, an
employee filing a complaint with the division based upon a violation
of subdivision (c) shall have one year from the date of occurrence of
the violation to file his or her complaint.
   (g) An employee may use vacation, personal leave, or compensatory
time off that is otherwise available to the employee under the
applicable terms of employment, unless otherwise provided by a
collective bargaining agreement, for time taken off for a purpose
specified in subdivision (a), (b), or (c).  The entitlement of any
employee under this section shall not be diminished by any collective
bargaining agreement term or condition.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
